Bill S1738-2011

Provides that the statute of limitations on class B violent felonies is eliminated

Provides that the statute of limitations on class B violent felonies is eliminated.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 12, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1738

TITLE OF BILL: An act to amend the criminal procedure law, in relation to eliminating the statute of limitations for class B violent felonies

PURPOSE: This bill is designed to enhance public safety and protect victims of violent crime by removing the current five year statute of limitations with respect to the prosecution of B violent felony offenses, thereby enabling prosecutors to commence such criminal actions at any time.

SUMMARY OF PROVISIONS: Amends 30.10(2) of the criminal procedure law by providing that a B violent felony criminal action may be commenced at any time.

Amends 30.10(3) of the criminal procedure law to make certain conforming and technical changes.

JUSTIFICATION: Statutes of limitations in criminal cases require the legislature to balance protecting a defendant's interests in defending themselves and protecting citizens. By setting a maximum time within which a prosecution must be commenced, statutes of limitation, however, are not constitutionally derived; rather they reflect "legislative agreements of relative interests of the State and the defendant in administering and receiving justice."

In balancing between the conflicting policies of preserving an individual's right to defend himself or herself after the passage of time, the legislature determined that certain crimes are so serious, so damaging to the fabric of ordered society that no statute of limitations should apply. As such the legislature exempted from the statute of limitations all class A felony offenses, which include crimes such as murder in the first and second degrees, arson and kidnapping in the first degrees, and the highest level of drug offenses.

By exempting class A felonies from the statute of limitations, current law adequately recognizes that offenders who commit class A felonies often cause lasting harm, not only to victims and their families, but also to our system of justice. Other law must be strengthened to provide clear recognition of the gravity of violent, serious crimes and the compelling importance of prosecuting serious offenders, by extending the statute of limitations. The bill accomplishes that end by removing the statute of limitations for class B violent felony offenses.

LEGISLATIVE HISTORY:

S.5321 - Passed Senate in 2004 S.2214 of 2005-06 - Passed Senate both years S.454 of 2008-09 - Passed Senate both years S.1567 of 2009-10 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to offenses committed on and after such date as well as to offenses committed prior thereto, provided that this act shall not apply to offenses committed prior to such date on which the prosecution thereof was barred under the provisions of section 30.10 of the criminal procedure law in effect immediately prior to such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1738 2011-2012 Regular Sessions IN SENATE January 12, 2011 ___________
Introduced by Sens. GOLDEN, JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to eliminating the statute of limitations for class B violent felonies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the criminal procedure law, as amended by chapter 467 of the laws of 2008, is amended to read as follows: (a) A prosecution for a class A felony, A CLASS B VIOLENT FELONY, or rape in the first degree as defined in section 130.35 of the penal law, or a crime defined or formerly defined in section 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law may be commenced at any time; S 2. This act shall take effect immediately and shall apply to offenses committed on and after such date as well as to offenses commit- ted prior thereto, provided that this act shall not apply to offenses committed prior to such date on which the prosecution thereof was barred under the provisions of section 30.10 of the criminal procedure law in effect immediately prior to such date.

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